The Presidential Records Act (PRA) of 1978 governs the official records of presidents and vice presidents, establishing them as government property belonging to the American people and creating a process for the public release of those records.

The Presidential Records Act (PRA) of 1978 governs the official records of presidents and vice presidents, establishing them as government property belonging to the American people and creating a process for the public release of those records.

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The "Presidential Records Act Amendments of 200"” (H.R. 1255; S. 886) would restore standards for the timely release of presidential records and nullify Executive Order 13233 issued by President Bush in November, 2001, which gave current and former presidents and vice presidents broad authority to

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The "Presidential Records Act Amendments of 2007" (H.R. 1255; S. 886) would restore standards for the timely release of presidential records and nullify Executive Order 13233 issued by President Bush in November, 2001, which gave current and former presidents and vice presidents broad authority to

Latest revision as of 12:00, 12 May 2008

Colleagues, below you will find background information and suggested talking points on Senate bill S.886 and its companion in the House, H.R. 1255.
Talking points

The Presidential Records Act (PRA) of 1978 governs the official records of presidents and vice presidents, establishing them as government property belonging to the American people and creating a process for the public release of those records.

The "Presidential Records Act Amendments of 2007" (H.R. 1255; S. 886) would restore standards for the timely release of presidential records and nullify Executive Order 13233 issued by President Bush in November, 2001, which gave current and former presidents and vice presidents broad authority to
withhold or delay the release of presidential records indefinitely.

This bill would establish a deadline for a review of records. Under the Bush executive order, presidential records could only be released if both the former and current president approve. Under this bill, the current and former president would have a set time period of no longer than 40 business days to raise objections to the release of presidential records.

The amendments would limit the power of former presidents to withhold records. EO 13233 allows the former president to withhold records from public view unless a court orders them released, placing the burden of proof on the public. H.R. 1255/S. 886 would reverse this process, requiring the former president to obtain a court order to prevent release, placing the burden of proof on the president. E.O. 13233 also extended control over the papers of a former president to his/her heirs, a practice which could block access to these important materials for decades beyond the death of the president.

The PRA Amendments of 2007 will require the president to make privilege claims personally. The Bush executive order allows the former president to bequeath executive privilege to assistants, relatives or descendants, thus allowing the designate to keep the records hidden from the public indefinitely. This bill will make clear that the right to claim executive privilege is personal and resides only with the president.

The amendments will eliminate executive privilege claims for vice presidents. In an unprecedented step, EO 13233 authorized former vice presidents to assert executive privilege claims over vice presidential records. This bill restores the long-held understanding that executive privilege is a right held only by presidents.

Summary:

The "Presidential Records Act Amendments of 2007" (H.R. 1255/S. 886) will reverse the Bush executive order (EO 13233) by establishing a deadline for the review of records, limiting the authority of former presidents to withhold records, requiring the president to make privilege claims personally, and eliminating the ability for vice presidents to assert executive privilege claims over vice presidential records.

Legislative background:

"Presidential Records Act Amendments of 2007" (H.R. 1255) passed in the House with broad bipartisan support by a vote of 333-93. The Senate bill (S. 886) cleared the Homeland Security and Governmental Affairs Committee and was sent to the full Senate for consideration. On January 22, the bill was held up in the Senate by Sen. Jeff Sessions (R-AL). That night, Senate Majority Leader Harry Reid (D-NV) brought H.R. 1255 to the floor under unanimous consent, which would have allowed the bill to quickly move through the Senate. Sen. Sessions objected without explanation. The bill remains held up on the Senate floor.

The Government Documents Round Table of the American Library Association urges you to contact your senators and urge them to sign on as co-sponsors of S. 886, the "Presidential Records Act Amendments of 2007," or thank them for co-sponsoring.

Contact information for each Senate office is available from the U.S. Senate website. Or, call the U.S. Capitol switchboard at (202) 224-3121. A switchboard operator will connect you directly with the Senate office you request.

Feel free to personalize this text with your own words. Our message to our representatives is strongest when we share our stories of the importance of government information to our users and their constituents.

The Honorable ______
(address)
(fax no.)
Dear Senator ______ ,

I am writing to ask you to co-sponsor the "Presidential Records Act Amendments of 2007" (S. 886) which would re-establish procedures to ensure the timely release of presidential records that Congress intended with the Presidential Records Act (PRA) of 1978.

I support this bill because it will nullify Executive Order 13233, signed by President Bush in 2001, which effectively denies the public's legitimate right of access under the PRA by giving an incumbent or former president veto power over any public release of official presidential records, which rightly belong to the American people. The PRA was intended by Congress to craft a careful balance between a president’s ability to withhold certain records for a limited time period and the right of the public to access them.

The "Presidential Records Act Amendments of 2007" would reverse the Bush executive order by establishing a deadline for the review of records, limiting the authority of former presidents to withhold records, requiring the president to make privilege claims personally, and eliminating the ability for vice presidents to assert executive privilege claims over vice presidential records.

Presidential records document the decisions and operation of the executive branch and are official evidence of government activities. These records facilitate research and contribute to cultural and historical understanding and scholarship as well as foster government accountability in our democracy. Access to these records is a basic element of citizenship and strengthens our government by the people. I urge you to add your influence to the effort to restore this principle to our Nation's laws by supporting the Presidential Records Act Amendments of 2007.